• Residential plot registration

Madam /dear sir ,
I have paid the full price for a plot situated at Patna during the march month, thereafter covid lockdown started. I am staying out of the state and unable to visit Patna due to this pandemic situation .my close relative are in Patna. whether through power of attorney can I get registeted the property in my name without visiting Patna. Alternatively, My brother suggested that it can be registered in the name of my minor son showing him as a Guardian in the deed. kindly suggest
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

1. You may send a power of attorney in favor of your relative and he may sign on your behalf using power of attorney and register the plot in your favor.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

A minor is not competent to contract and hence no agreement can be registered in his name. You can do it through a power of attorney and afterwards when you visit Patna you may complete the formalities.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Don’t register plot in name of son 

 

2) if you want to sell it you would need court permission 

 

3) you cn execute registered POA in favour of family member to register the property 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Dear sir,

You can get it registered in your name by executing power of attorney in favour of your relative. 

Do not register in the name of your minor son. It may create difficulties for you and for your other children (if any) in future.

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

1. YES .... The POA holder can represent you absolutely (without any exceptions) to execute the Sale Deed and sign on your behalf, wherein you will be the registered buyer.

2. For Brother to be shown as Guardian, a court order for guardianship is compulsory, more so till the minor child's Parents are alive.  Hence Brother cannot be guardian of minor, till minor child's parents are alive.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. A deed of conveyance can be registered by the POA holder as well provided the POA is registered and the constituted attorney is his close relative. 

2. Moreover while registering the POA both the principal and the agent must be present physically before the Registrar. 

3. So the POA may not a convenient mode as suggested by you.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

- Since, you are having your close relative in Patna , hence you can give him SPA/POA for registering the Sale deed on your behalf. 

- Execute Special Power of attorney or General power of attorney in the name of relative in A.P. and send the same to him. Give him special power to do this work only. 

- Further , if you registered the said plot in your son name who is a minor , then legally you cannot sell the same before he turning the age of 18 without a court order. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

In my opinion, the registration of documents has not started so far.  If it has started, take some pain for visiting Patna and get it registered yourself.  If GPA holder can get the property registered, he can sell, mortgage, gift the same on  the same day or next day of registration and you would be in problem thereafter. You should not trust anyone at this stage. Rest up to you.   However, options mentioned by you can be availed, there is no bar.  Good luck.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

Yes this Guardian thing can be done. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You have entered into sale agreement hence the property can be registered on your name only.

You can give a  registered power of attorney deed to any close relatives to get the sale deed executed in your favor. 

If you want to register the property on your son then again you have to be present before registrar to sign as a guardian to your minor son, hence there is no need for that

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Yes the same can be done but it is advised that you visit personally and get the deed in your name. 

Till then you may enter into an agreement with the seller, thereupon stipulating a condition that the registry will be made after the lockdown. 


Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Yes you can do the same through poa and complete the transaction

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. You can execute a GPA in favour of any blood relative to authorise him to represent you for and on your behalf for the execution of sale deed.

2. The GPA has to be registered.

3. It can also be registered in favour of minor son, but there has to be a guardian to represent him in the office of sub-registrar for the title to be conveyed to him.

4. If the property is registered in favour of a minor then it cannot be sold without the permission of the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.  You can give a registered POA to any of your siblings, including the brother you are referring to, to represent you and execute the sale deed in your favour in the jurisdictional Sub Registrar's Office. This way you can become the owner of the property without you going to Patna.

2. In the alternative, as your brother has rightly suggested, let the property be registered in the name of your minor son - represented by your wife as guardian or your brother as guardian of the child can register the property.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Yes, you can give POA to any of your relative to purchase property in your name through POA. Purchase in minor son not advisable. Disputed thing. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

you can execute registered POA in favour of your relatives to register the property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes you give a special power of attorney to your relative for registration of sales deed on your name through your attorney.

2. Your brother is also right your relative can also register property on name of your minor son as his guardian but in this case if you want to sell the property in future then you need to take permission to sell property of minor from court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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